GEN – 1481.00. On 22 May 2023, the Council of the EU adopted its position (general approach) on the European Commission’s proposal for Ecodesign for Sustainable Products Regulation (ESPR).

Main aspects of the C0uncil adopted position

On 22 May 2023, the Council of the EU adopted its position (general approach) on the European Commission’s proposal for Ecodesign for Sustainable Products Regulation (ESPR).

Some of the main aspects of the adopted position (general approach) include:

• Destruction ban on unsold textiles, footwear and apparel goods has been included, with a 4-year exemption for medium-sized companies, and a general exemption for small and micro companies.
• Exclusion of motor vehicles from the ESPR.
• Argues to keep setting product-by-product measures via delegated acts.
• Include the aspects of water use and efficiency, contribution to climate change, pollution of water, air and soil, and land use.
• Supports the Commission’s proposal on horizontal measures that cover several products with similar characteristics.
• ‘Substances of concern’ cannot be identified on reasons relating primarily to chemical safety.
• Clear indication that the digital product passports (DPP) requirements must respect trade secrets in the meaning of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information.
• The Commission may establish a different label instead of the current Energy Label for energy related products, if more information is deemed necessary and if there is a risk of consumer confusion.
• European Standardisation Organisations should also be eligible for participation in the Ecodesign Forum.
• Minimum transition period of 18 months after the entry into force of the delegated act setting out Ecodesign requirements before it starts applying.

Next steps

The work in the European Parliament on their position and amendments to the European Commission’s proposal is ongoing.

So far, the associated Committee on Internal Market and Consumer Protection (IMCO) published its report on 27 April (available here) and the associated Committee on Industry, Research and Energy (ITRE) published theirs on 31 April (available here).

The leading Committee on the Environment, Public Health and Food Safety (ENVI) is expected to vote their report on 05 June and the European Parliament shall adopt the final position during their Plenary sitting on 10 July 2023.

Related documents and links

All related documents and articles can be found in the respective sections in the right sidebar.

• GEN – 1481.01 – ESPR Council of the EU General Approach
• GEN – 1481.02 – ESPR IMCO Opinion
• GEN – 1481.03 – ESPR ITRE Opinion
• GEN – 1443.00 – Czech Council Presidency publishes progress report on ESPR
• GEN – 1442.00 – ITRE and IMCO draft opinions on the ESPR published